Compassionate Appointment – Delay of nine years – SBI scheme withdrawn w.e.f. 04.08.2005 – Death in 2003 but application filed in 2012 – Financial crisis long tided over – No vested right to appointment – Prayer rejected – Bank directed to process ex-gratia claim on submission of documents and to release family pension arrears without life certificate [Par...
Service Law – Regularization – Seniority – Discriminatory denial of parity with juniors – Committee’s earlier favourable recommendation ignored without reason – Second meeting convened without justification – State’s contradictory stand regarding appointment of private respondents – Condition denying seniority struck down earlier – Held: ...
Service Law – Departmental Proceedings – Misappropriation – Judicial Review – Gramin Dak Sevak/Branch Postmaster found to have misappropriated public funds; admitted guilt and later deposited amounts – Inquiry conducted with full opportunity; no procedural violation – High Court set aside removal by reappreciating evidence and accepting new plea of coercion &nda...
Service Law – Recovery from Salary – Theft of Stock – Absence of Notice & Enquiry – No Responsibility Fixed – Executive Engineer’s Recommendations Ignored – Principles of Natural Justice – Held: Petitioner cannot be held liable for thefts; unilateral recovery illegal; order quashed; Corporation directed to refund recovered amount with interest [P...
Service Law – Coast Guard Dismissal – Summary Trial – BOI – Rule 28(d) – Petitioners challenged dismissal orders following alleged recovery of 1,512 bottles of illicit liquor on ICGS Sarthak – 15 petitioners were initially subjected to summary trials with minor punishments under Section 57(g), which were later set aside by DIG citing legal infirmities including ...
Service Law – Regularization – Contractual Engagement – Outsourcing Policy – Petitioners engaged since 2011 under BKVY-DBSK project on yearly contractual basis sought regularization—State rejected claim citing project-based nature of posts and Finance Department’s directive to replace contract staff with outsourced manpower—Held: Mere labeling of posts as ...
Civil Law - Specific Relief – Readiness and Willingness – Specific Performance – Sale of Immovable Property – Agreement of Sale – Time not Essence – Plaintiff demonstrated continuous readiness and willingness by making multiple payments, issuing legal notices, and attending Sub-Registrar’s office – Defendants received consideration even after agreed ...
Service Law – NIT Recruitment – One-Time Relaxation – Appellants recommended for promotion under one-time relaxation granted via GoI letter dated 06.10.2017 – Relaxation initially held ultra vires by High Court for lacking statutory support – Later validated by incorporation into First Statutes via Statute 9 of 2023 Statutes approved by the President – Held: Sta...
Service Law – Compassionate Appointment – Civil Death – Respondent No.2 sought appointment on compassionate grounds after his father, a municipal employee, went missing on 01.09.2012 – High Court directed appointment by treating 01.09.2012 as date of death – Held: Under Section 108 of the Indian Evidence Act, death is presumed only after a lapse of 7 years from the da...
Service Law – Terminal Benefits – Right to Gratuity – Delay in Payment – Liability of Employer – Withholding of terminal dues of retired employees on ground that PACS had not remitted its share to DCCB – Petitioners, all senior citizens, rendered unblemished service and retired between 2009 and 2013 – Held: Right to gratuity is a statutory and enforceable ...